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AMSA Regulatory Digest
November 2000
(Current as of December 11, 2000)The AMSA Regulatory Digest provides up-to-date regulatory and policy developments affecting the AMSA membership. The specific listings are regulatory actions which are receiving considerable attention or which are of particular importance to AMSA membership. Additional information or the current status of any of the regulatory or policy developments listed in the Update can be obtained by calling the appropriate contacts listed at the end of each section.
Air Quality Issues
Section 129 Rulemaking for Sewage Sludge Incinerators: On January 14, 1997, EPA published a notice of additional information (NAI) under Section 129 of the Clean Air Act (CAA) establishing new source performance standards and emission guidelines for new and existing solid waste incineration units including units that incinerate municipal sewage sludge. Section 129 requires EPA to promulgate standards and guidelines, for new and existing sources, which include numerical emission limitations for the following substances: particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. In addition, the standards and guidelines are to include requirements for emissions and parameter monitoring and provisions for operator training and certification. On March 17, 1997, AMSA submitted comments in opposition to EPA’s proposal to subject SSIs to the same regulations as solid waste incinerators. In EPA’s April 24,2000 Semi-Annual Regulatory Agenda, EPA announced its intent to delist SSIs from Section 129 regulations for solid waste incineration units. CONTACT: Lee Garrigan, AMSA 202/833-4655, or Gene Crumpler, EPA 919/541-0881.
Integrated Air Toxics Strategy: On July 19, 1999, EPA released its "National Air Toxics Program: The Integrated Urban Strategy." The strategy outlines EPA’s plans to address health impacts from both stationary and mobile sources in urban areas. The strategy identifies a list of 33 HAPs judged to pose the greatest potential threat to public health in the largest urban areas. Thirty of these HAPs are from 29 types of area sources, including POTWs. The new strategy is expected to have an impact on POTWs. Area sources are defined as small stationary sources of air toxics which emit less than 10 tons per year of any one HAP or less than 25 tons per year of a combination of HAPs. The Strategy itself does not automatically result in regulation or control of emissions from area source categories. Many of the activities identified in the Strategy are expected to require public notice and comment. EPA has indicated that it will work with a number of stakeholder groups such as AMSA to develop national assessments of the risks from air toxics and the materials to communicate the findings to the public. Copies of the National Air Toxics Program were distributed to AMSA members via Regulatory Alert 99-14. CONTACT: Lee Garrigan, AMSA 202/833-4655, or Laura McKelvey, EPA 919/541-5497.
EPA Developing MACT Standards for Combustion Devices: EPA is developing National Emission Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for certain combustion sources under the Industrial Combustion Coordinated Rulemaking (ICCR). The rulemaking is expected to cover several types of combustion devices operated by AMSA members which utilize digester gas including boilers, Reciprocating Internal Combustion Engines (RICES), Combustion Turbines (CTs), and potentially waste gas flares (under the heading of incineration). On December 1, EPA published in the Federal Register final standards and guidelines for new and existing commercial and industrial solid waste incineration units under sections 111 and 129 of the Clean Air Act. The rule, which was proposed on December 28, 1994, exempts 15 types of units from regulation, including sewage sludge incinerators (see p. 75365 FR notice) from implementing maximum achievable control technology (MACT) requirements for reduction of air pollutants. The Agency based its final rulemaking on the recommendations, information, and data analysis results submitted by the Industrial Combustion Coordinated Rulemaking (ICCR) advisory committee under the Federal Advisory Committee Act. Members of AMSA’s Air Quality Committee were represented on the Coordinating Committee and work groups for boilers, RICES, CTs, incinerators and the source testing workgroup. The rule is posted online at: www.epa..gov/fedrgstr/EPA-AIR/2000/December/Day-01/a29875.cfm. CONTACT: Lee Garrigan, AMSA 202/833-4655 or Doug Bell, EPA 919/541-4120.
EPA Propose to Regulate Chlorine Gas as a Pesticide: On September 18, 2000, EPA provided notice of its intent to reclassify the use of chlorine gas for water and sewage treatment as a "restricted use" under federal pesticide labeling and application regulations. This reclassification would allow only certified and trained applicators to use chlorine gas. POTW plant operators using chlorine gas would be required to receive additional training as "certified applicators." Restricted use pesticides may be applied only by or under the direct supervision of specially trained and certified applicators. Certification and training programs are conducted by states, territories, and tribes in accordance with national standards set by EPA. The September 18 notice stresses the need to integrate certified applicator training into existing wastewater operator training programs, such as those required under Occupational Safety and Health Administration’s (OSHA) Process Safety Management Program and EPA’s Risk Management Program. EPA also indicates that not every worker will need to receive certified applicator training; although one certified applicator would need to be present for all operations. EPA has extended the comment period for 30 days until December 15, 2000 to allow interested stakeholders to provide comment on EPA’s proposed expansion of the restricted use for chlorine gas. A copy of the Federal Register notice was distributed via Regulatory Alert RA 00-20. AMSA has solicited comments from the membership by November 1, 2000.
Biosolids Issues
EPA Proposes Dioxin Standards for Land Application of Biosolids: On December 23, 1999, the U.S. Environmental Protection Agency (EPA) published a proposed rule to limit dioxin and dioxin-like compounds in biosolids that are land applied. Specifically, EPA proposes to set a limit of 300 part per trillion (ppt) toxic equivalents (TEQ) for 29 specific congeners of polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans, and coplanar PCBs, and to require minimum monitoring, record keeping and reporting requirements for dioxins in biosolids that are land applied. The proposed rule does not contain additional limits for biosolids that are being placed in surface disposal units or incinerated. On March 23, AMSA submitted its comments on EPA’s proposed dioxin standards for the use or disposal of sewage sludge. AMSA commended the Agency for proposing a rule that addresses the issue of dioxin, dibenzofurans and dioxin-like coplanar PCBs in biosolids, however, did not find adequate technical justification for EPA’s proposed 300 ppt TEQ/dry kg cap for biosolids land application. AMSA recommended that the Agency be consistent with the methodologies used to develop the limitations for metals in Round I of the regulations. Using the Round I methodology and correcting errors in EPA’s risk analysis, AMSA recommended a cap of 800 ppt TEQ for the final rule. AMSA’s contractor, Cambridge Environmental, completed a comprehensive and thorough analysis of the EPA proposal and supporting risk analysis, which was submitted as part of AMSA’s comments. A complete set of AMSA comments can be found at http://www.amsa-cleanwater.org. A final rule is expected in late 2001. CONTACT: Mark Hoeke, AMSA 202/833-9106, or Al Rubin, EPA 202/260-7589.
AMSA Dioxin Survey: On February 4, AMSA’s Board of Directors approved a request from the AMSA Biosolids Committee to conduct a member survey of dioxin levels in municipal biosolids and a request to use Technical Action funds to hire a contractor to assist in the survey effort. The survey is expected to help support AMSA’s comments on EPA’s December 23, 1999 proposed rulemaking to limit dioxin and dioxin-like compounds in biosolids that are land applied. One significant aspect of the EPA proposed rule is the use of historical dioxin data from EPA’s 1988 National Sewage Sludge Survey and AMSA’s 1994 Survey of Dioxins in Municipal Biosolids. While EPA’s risk analysis for the proposal assumes that dioxin levels in municipal biosolids are remaining constant or diminishing, there is relatively little data from these historical surveys that support this assumption. Without additional data, EPA’s risk analyses could be challenged and the scope of the rule broadened to remove the exemption of incineration and land disposal from dioxin limits. Additional dioxin data may also support AMSA’s comments and position on other issues in the proposed rule (e.g., application rates, thresholds for increased monitoring, use of detection levels, etc.). The survey would be modeled after AMSA’s 1994 dioxin survey, where member agencies were requested to sample their biosolids and have dioxin analyses performed by an AMSA-specified laboratory. Results of the survey would be blind, however, a comparison of 1994 and 2000 data would be performed to determine a trend for dioxin levels in biosolids. A notice announcing the survey was distributed to the membership on September 28 via Regulatory Alert RA00-19. AMSA has requested those agencies that volunteer to complete the "Intent to Participate" form contained in Regulatory Alert RA 00-19 by November 1, 2000, and submit samples by January 15, 2001. A final report is expected to be published in April 2001. CONTACT: Mark Hoeke, AMSA or Bob Dominak, NEORSD 216/881-6600.
Dioxin Reassessment May Impact Biosolids Disposal Practices: On November 1-2, EPA’s Science Advisory Board (SAB) concluded its review of the revised draft dioxin reassessment documents. The reassessment is expected to have significant impact on EPA’s plans to finalize the proposed Part 503 Round II regulatory revisions to limit dioxin and dioxin-like compounds in biosolids that are land applied. While the report finds that dioxin levels have declined substantially over the past two decades, the report finds that risks to people are higher than previously believed. Some potential implications of the reassessment when finalized, could include very low (8 to 50 ppt TEQ) dioxin threshold cap for biosolids land application and/or additional restrictions on grazing or liquid application of biosolids to limit dioxin exposure. EPA is expected to issue a final dioxin reassessment document in early 2001. At the same time, the Agency plans to publish a draft dioxin Risk Management Strategy for public comment. The strategy will propose EPA policy and programs for dioxin using the reassessment as its scientific basis. A copy of the reassessment documents can be obtained from http://www.epa.gov/ncea. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Amendments to Part 503 Sewage Sludge Regulation: EPA is amending the Final Sewage Sludge Use or Disposal Regulations in two rounds. Round I of the changes is taking place in two phases. On August 4, 1999 EPA published its final Round I, Phase 1 amendments to the 40 CFR Part 503 sewage sludge rule (see AMSA Regulatory Alert 99-16). Round I, Phase II, which has been postponed until 2002, will address: 1) procedures for biosolids preparers to justify and calculate a site-specific ceiling value for selenium for land applied biosolids; 2) delete the annual pollutant loading rate option for biosolids sold or given away in a bag or other container; 3) articulate the additional margin of safety afforded by heat dried pelletized biosolids products; 4) allow for vector attraction reduction equivalency for land applied biosolids; 5) move and thereby consolidate biosolids analytical methodologies to 40 CFR Part 136; and, 6) reestablishing pollutant limits for molybdenum . On December 23, 1999 EPA published a proposed rule to limit dioxins and dioxin-like compounds in biosolids that are land applied (see Regulatory Alert RA 99-24). Final promulgation of the Round II amendments is expected by December 15, 2001. CONTACTS: Mark Hoeke, AMSA 202/833-9106 or Al Rubin, EPA 202/260-7589.
NRC/EPA Radioactivity Survey: To better assess the occurrence and levels of radioactivity in biosolids, the Nuclear Regulatory Commission (NRC) and EPA is conducting a targeted survey of 300 POTWs associated with NRC licensees having the highest potential to discharge radioactive material to the sewer system. The objectives of the joint survey are to: 1) obtain national estimates of high probability occurrences of elevated levels of radioactive materials in biosolids and ash at POTWs; 2) estimate the extent to which radioactive contamination comes from either NRC/agreement state licensees or naturally occurring radioactivity; and 3) support rulemaking decisions by NRC and EPA. The information will be used in developing joint NRC/EPA guidance for POTWs to determine sources of radioactive materials, describe sampling and analysis procedures, and advise whether a response is needed to the presence of radioactive material in biosolids. The sampling program is expected to take a full year to complete. The target date for completing and publishing the survey results is summer of 2001. CONTACT: Mark Hoeke, AMSA 202/833-9106, Sam Hadeed, NBP, 703/684-2418, Bob Bastian, EPA 202/260-7378, or Phyllis Sobel, NRC 301/415-6714.
Radioactivity Dose Modeling: On August 8, the Interagency Steering Committee on Radiation Standards (ISCORS) met with AMSA and National Biosolids Partnership (NBP) representatives to discuss progress in parallel modeling efforts for estimating the potential incremental increases in radiological exposure to the public and others from biosolids handling and disposal/reuse. AMSA and NBP officials questioned the assumptions and inputs used in the ISCORS radionuclide dose model and helped EPA, Nuclear Regulatory Commission, and Department of Energy officials understand assumptions in NBP’s own modeling efforts. ISCORS has developed a draft technical support document (TSD) to support its radiological does model, which can be found at http://www.epa.gov/radiation/tenorm/whatare.cfm. ISCORS plans for an Science Advisory Board review of the document in December 2000. CONTACT: Mark Hoeke, AMSA 202/833-9106, or Sam Hadeed, NBP, 703/684-2418.
National Biosolids Partnership: The National Biosolids Partnership (NBP) is a joint initiative of AMSA, EPA, and the Water Environment Federation (WEF). The Partnership’s mission is to promote the safe and efficient biosolids use and disposal around the country. The NBP is leading the development of an Environmental Management System (EMS) for biosolids. The EMS, a set of national management protocols, will be used by biosolids producers and appliers to demonstrate to their communities that biosolids products exceed market and regulatory standards. Four projects related to the EMS, including the development of: 1) a National Manual of Good Practices; 2) an EMS Guidance Document; 3) a Third Party Verification Program; and 4) an EMS Demonstration Program, are currently being managed by the Partnership. On October 16, the National Biosolids Partnership accepted recommendations from two project steering committees to facilitate implementation of a national model for its environmental management system (EMS) for biosolids. The NBP’s Management Committee accepted the independent, third party verification and EMS elements/guidance components that are central to the biosolids blueprint being developed for the wastewater profession. These "interim draft" documents along with a manual of good practice, include active public participation in the EMS planning and implementation process that will guide the program efforts of 29 demonstration agencies over the next year. The NBP will provide an introduction to the EMS program at the AMSA Management Conference in early February 2001 in San Diego, CA. At the completion of the demonstration project in late 2001, a final EMS blueprint reflecting refinements of the program will be presented to the wastewater profession as a progressive management approach to facilitate and advance public acceptance of biosolids programs in local communities. NBP’s website -- http://www.biosolids.org was launched in late July. CONTACT: Sam Hadeed, NBP 703/684-2418.
National Academy of Sciences Study of Part 503 Land Application Standards: On October 31, AMSA and the Water Environment Federation (WEF) jointly submitted six nominees for a National Academy of Science (NAS) committee that will be tasked with reviewing the science and methodology behind EPA’s 40 CFR Part 503 biosolids regulation. Originally requested by EPA, the NAS study will review new information relevant to toxicological and pathogenic risks of sludge following land application and determine their applicability to the 503 rule. NAS plans to form a Committee of approximately 12 experts to author a consensus report by the spring of 2002. AMSA is following the project closely, and is expecting that NAS will convene a public workshop sometime in early 2001 in conjunction with the first meeting of the experts Committee. The committee selection process is expected to be completed by the end of the year. CONTACT: Lee Garrigan, AMSA 202/833-4655.
NPDES Permit Issues
EPA Expects to Propose Rule on Electronic Reporting in the NPDES Program: EPA expects to propose a rule to allow NPDES reports and other information to be submitted electronically. The proposed rule would establish criteria for electronic reporting and a specific process and conditions for electronic reporting of discharge monitoring reports. The proposal addresses electronic signature, certification, and record keeping requirements that permittees would follow when submitting forms to EPA electronically. EPA expects to propose this rule in late 2000. CONTACT: Brian Frazer, EPA 202/260-0101.
Draft Guidance for Permitting Discharges Into Impaired Waters Prior to a TMDL: On September 11, members of AMSA's Executive Committee and Board of Directors met with EPA Assistant Administrator for Water Chuck Fox in Washington, DC. The discussion focused on EPA's current efforts to write and release interim permitting guidance both at the national level and in Region IX. The document is intended to provide guidance to permit writers for developing water quality-based effluent limits prior to the development of a TMDL A review of an early August 31, 2000 draft of the national guidance revealed that while several options were being considered, point sources were unfairly targeted by the agency during the period prior to development of State TMDLs. During the September 11 meeting, Fox requested AMSA’s review of the legal and scientific flaws embodied in EPA's draft interim permitting approach. AMSA submitted a response on September 22 which argued that the approach: 1) was contradictory to watershed management approaches; 2) will result in unnecessary expenditures of limited resources without corresponding environmental benefit, and 3) that EPA has discretion under the law to account for the TMDL process during the interim permitting timeframe. AMSA ultimately urged EPA to focus its resources on assisting states in completing TMDLs rather than supporting a flawed interim permitting approach. AMSA continued it discussions with EPA during its Legal Affairs meeting on October 17 at WEFTEC in Anaheim, California. Agency officials stressed that the document is in the form of working papers and that no final Agency decisions have been made. For a copy of AMSA’s letter, visit AMSA’s website at http://www.amsa-cleanwater.org. CONTACT: Lee Garrigan, AMSA 202/833-4655.
Pretreatment & Hazardous Waste Issues
Streamlining Pretreatment Program Requirements - Proposed Rule: [Federal Register, July 22, 1999] On July 22, 1999, EPA formally released proposed regulatory and administrative changes to streamline the national industrial pretreatment program (40 CFR Part 403). Several revisions to the pretreatment program that would reduce the current burden to POTWs and industrial users were proposed, including: exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants; clarification of requirements for implementing pretreatment standards; and more flexible reporting, inspection and sampling requirements. While supportive of many of the proposed changes, AMSA has major concerns with EPA’s proposed modification of significant noncompliance (SNC) criteria, revised pH standards, and the definition of de minimus industrial users. AMSA’s Pretreatment and Hazardous Waste Committee leadership developed a formal position paper on all of the proposed changes. The EPA Water Docket received over 100 sets of comments from AMSA member agencies. A final rule is planned for March 2001. CONTACTS: Mark Hoeke, AMSA 202/833-9106, or Jeff Smith, EPA 202/260-5586.
AMSA, EPA and Silver Council Cooperative Agreement: In 1997, AMSA, the Silver Council and EPA initiated a cooperative agreement for a demonstration project using the photo processing industry as a model to evaluate the use of alternative compliance mechanisms as a means of controlling wastewater discharges in streamlining local pretreatment limits. The study’s objective is to examine combinations of voluntary efforts and regulatory requirements to cost-effectively achieve reductions in the discharge of silver to the environment. A total of seven communities are being studied: five cities implementing the AMSA/Silver Council "Code of Management Practice (CMP) for Silver Dischargers" as a best management practice; one city using a general permit mechanism; and one using a flow-adjusted concentration-based limit. The pilot city agencies include: Hampton Roads Sanitation Districts, Virginia Beach, VA; Passaic Valley Sewerage Commissioners, Newark, NJ; Massachusetts Water Resources Authority, Boston, MA; City
of Columbus, OH; City of San Diego, CA; City of Salisbury, MD; and, City of Jacksonville, FL. The study is scheduled for completion by December 2000. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Effluent Guidelines Plan: [Federal Register, August 31, 2000] Section 304(m) of the Clean Water Act requires EPA to publish a biennial Effluent Guidelines Plan. In the plan, EPA highlights current effluent guidelines under development, the process for selection of new effluent guideline regulations, and preliminary and ongoing studies. Table 1 presents a summary of effluent guidelines currently under development. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Beverly Randolph, EPA 202/260-5373.
Table 1 - Effluent Guidelines Currently Under Development
Category
Federal Register Cite/Proposal Date
Final Action
Centralized Waste Treatment
Oil & Gas Extraction - Synthetic Drilling Fluids
Coal Mining- Remining & Western Subcategories
Iron and Steel Manufacturing
Metal Products and Machinery
Construction and Development
Feedlots - Swine, Poultry, Beef, & Dairy Subcategories
Pulp, Paper, & PaperBoard, Phases 2& 3
Meat Products
Aquatic Animal Production60 FR 5464 (January 27, 1995)
64 FR 2279 (January 13, 1999)
64 FR 5487 (February 3, 1999)
65 FR 19439 (April 11, 2000)
10/00
60 FR 28209 (May 30, 1995) - Phase I only; 10/00 I &II
03/02
12/15/00
58 FR 66078 (December 1993)
12/01
6/30/028/31/00
12.00
12/01
4/02
12/02
03/04
12/15/02
2000-2002
12/03
6/30/04
Water Quality Issues
Proposed Revisions to the Water Quality Planning and Management Regulation [Federal Register, August 23, 1999]. On July 13, the U.S. Environmental Protection Agency (EPA) published final revisions to its controversial total maximum daily load (TMDL) program – titled, "Revisions to the Water Quality Planning and Management Regulation and Revisions to the National Pollutant Discharge Elimination System (NPDES) Program in Support of the Revisions to the Water Quality Planning and Management Regulation." The rules, designed to revamp the way the nation addresses impaired waters, were originally proposed in August 1999 and have come under intense scrutiny from Congress and those potentially impacted by the TMDL program. Farmers, forestry interests, States, and industry mounted an intense lobbying campaign over the past year to prevent EPA from finalizing these rules. Due to limitations already imposed by Congress, EPA promulgated an effective date for the new TMDL rule in October 2001. Until that time, the current TMDL rules will be in effect. AMSA distributed the final rule to the membership via Regulatory Alert RA 00-15. Throughout the rule development process, AMSA has been a key participant in the debate with the Agency and Congress. AMSA has consistently advocated for continuing water quality improvement in the Nation through the inclusion of nonpoint sources in the TMDL process. On August 21, 2000 the American Farm Bureau Federation, and other plaintiffs filed a regulatory petition challenging the July 13, 2000 TMDL rule as unlawful before the D.C. Circuit Court of Appeals. Numerous environmental groups have filed motions to intervene and to participate as amici curiae to defend the TMDL rule. On September 25, 2000 AMSA intervened in this case to protect the broad interests of POTWs. CONTACT: Lee Garrigan, AMSA 202/833-4655 or Don Brady, EPA 202/260-5368.
Guidance on Water Quality Assessment and Listing: On December 4, EPA hosted a second series of stakeholders meeting concerning the development of a Consolidated Assessment & Listing Methodology (CALM) guidance to states for identifying and tracking impaired waters. Section 305(b) of the Clean Water Act requires states and other jurisdictions to submit biennial water quality reports to EPA . Under Section 303(d), states are required to identify waters that are not attaining water quality standards and develop Total Maximum Daily Loads (TMDLs) for these waters. The purpose of these meetings is to develop a consolidated 305(b)/303(d) assessment and listing methodology (CALM) approach to streamline and improve these two reporting requirements. The CALM will be part of the overall TMDL guidance document, and will describe data which a state should cover in a consolidated Section 305(b)/303(d) assessment. A draft outline of the CALM guidance has been posted on the EPA web site www.epa.gov/owow/monitoring/calm.cfml. EPA plans to issue a final guidance in May 2001. CONTACT: Susan Holdsworth, EPA 202/260-4743.
Proposal to Amend the Final Water Quality Guidance for the Great Lakes System to Prohibit Mixing Zones for Bioaccumulative Chemicals of Concern On November 2, EPA issued final regulations banning the use of mixing zones for bioaccumulative chemicals in the Great Lakes, and announced its intention to propose a national rule restricting the use of these measures in all States. Copies of EPA’s fact sheets on both announcements were distributed to the membership via Regulatory Alert RA 00-21. The Great Lakes regulation prohibits the use of mixing zones for bioaccumulative chemicals of concern (BCCs) (i.e., toxic chemicals such as mercury, PCBs, dioxin, chlordane, mirex, that bioaccumulate in plants, fish, and other wildlife as they move through the food chain) and now requires that water quality standards compliance be measured at the end-of-pipe. In addition, the proposed rule announcement signals EPA’s intent to consider a wide range of mixing zone restrictions nationwide including the outright ban on the use of mixing zones for all pollutants (not just BCCs), a more flexible State-driven approach, as well as the application of the Great Lakes bioaccumulative chemicals approach. AMSA submitted comments on December 3, 1999 strongly opposing the Agency’s proposed "blanket prohibition of mixing zones for BCCs in the Great Lakes, or other broad geographic areas." AMSA disagreed with EPA’s contention that mixing zones create toxicity "hot spots", and recommended an approach which addresses mixing zones on a site-specific basis that "considers the relative information on the duration and exposure of species residing within the relatively limited mixing zone area." AMSA’s Water Quality Committee is leading a survey of the membership to help in assessing the potential impact of a national mixing zone ban on POTWs and encourage EPA to adopt a more flexible approach. CONTACT: Mark Morris, EPA 202/260-0312 or Mark Hoeke, AMSA 202/833-9106.
Development of National Nutrient Criteria. On September 25, AMSA submitted comments to the U.S. Environmental Protection Agency’s (EPA) strategy for establishing national numeric nutrient criteria for rivers and streams. A complete review of EPA’s guidance indicates that the methods fall short of the Agency’s objectives to "provide scientifically defensible technical guidance to assist States and Tribes in developing regionally based numeric nutrient criteria." Generally, AMSA’s comments fault EPA’s approach because its variety of methods for assigning criteria "did not represent genuine flexibility but rather expediency," and do not make a distinction between enrichment and impairment of uses. AMSA believes that EPA’s nutrient guidance could result needlessly identifying rivers or river segments across the country as "impaired" based simply on nutrient concentration or chlorophyll levels. On July 27, EPA published a notice of availability of its nutrient criteria technical guidance manual for rivers and streams in the Federal Register. This document provides state water quality managers and others with guidance on how to develop numeric nutrient criteria for rivers and streams. Under EPA’s 1998 Nutrient Strategy states are required to develop water quality criteria for nitrogen and phosphorus by 2003 (though there is a possibility this deadline may be extended to 2005). As the next step, AMSA has requested to meet with EPA representatives to further deliberate on the issues. The guidance is available online at http://www.EPA.gov/OST/standards/nutrient.cfml and AMSA’s comments are available at http://www.amsa-cleanwater.org.
Draft Revisions to the Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health. On November 3, EPA published final revisions to its water quality criteria development methodology for the protection of human health (human health methodology). EPA had proposed revisions to its 1980 human health methodology in August 1998 as part of both a public comment and peer review process. Revisions to the 1980 human health methodology incorporate significant scientific changes in key areas such as cancer and non-cancer risk assessments, exposure assessments, and bioaccumulation in fish. Several changes presented in the final methodology are likely to result in more restrictive water quality criteria. These changes include: 1) replacing bioconcentration factors (BCFs) with bioaccumulation factors (BAFs); 2) the inclusion of a relative source contribution (RSC) factor which assumes multiple routes of exposure (i.e., ingestion, inhalation, dermal) and allows only a portion (20-80 percent) of a pollutant’s reference dose to be used in water quality criteria calculations; and 3) increasing default fish intake rate to protect the general adult population and sport anglers and to protect subsistence fishers. Dependent upon EPA’s final assumptions, the new methodology may result in a new default national mercury criteria less than 1 part per trillion (ppt). States will be expected to use the revised methodology when deriving or revising state water quality criteria during their triennial review process. The 2000 Human Health Methodology is published in the document titled, Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health. The document is available on EPA’s website at http://www.epa.gov/waterscience/humanhealth. CONTACT: Denis Borum, EPA 202/260-8996 or Mark Hoeke, AMSA 202/833-9106.
Mercury Analytical Method 245.7: During an August 3 meeting with Chuck Fox, EPA’s Assistant Administrator for Water, AMSA urged EPA to re-initiate the approval process for draft mercury analytical method 245.7, Mercury in Water by Cold Vapor Atomic Fluorescence Spectrometry. This analytical method can be nearly as sensitive as the low level Method 1631, but can be performed at a fraction of the cost. During the meeting, AMSA presented data to show that if method 245.7 were to be approved, the nation’s POTWs could save an estimated $17.6 million a year in laboratory costs. As a result of this meeting, the Agency has committed funds and begun preparations for a validation study of Method 245.7. AMSA has assisted the Agency in identifying eleven laboratories to participate in the validation which is expected to begin in January 2001. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Measuring Source Control Effectiveness for Mercury: Through a competitive RFP process, AMSA recently awarded a $105,000 contract to Larry Walker Associates (an AMSA affiliate based in Davis, California) to perform an 11-month study on the effectiveness of source control measures in reducing mercury levels in POTW effluent and sludge. The project is being funded by an EPA cooperative agreement. The proposed project will build on a recently released AMSA report characterizing domestic sources of mercury (see Regulatory Alert 00-16) and provide detailed insight into several pilot community source reduction programs. The project will attempt to: 1) demonstrate and evaluate the environmental benefits that result from implementation of mercury source control programs; 2) make a projection on the feasibility, based on available data, of reducing POTW effluent levels to new regulatory compliance standards (<1 to 3 parts per trillion) through the implementation of mercury source control programs; and, 3) assist Federal, state, and local officials in determining appropriate cost effective mechanisms to control mercury discharges from POTWs. AMSA has formed a Project Steering Committee, which includes representatives from EPA, states, industry, and POTWs, to assist in the development of the study. CONTACT: Mark Hoeke, AMSA 202/833-9106.
EPA Releases Results of WET Interlab Study : On October 11, EPA released pre-peer review results of its 1999-2000 whole effluent toxicity (WET) interlab variability study. The study was originally commissioned as part of a July 1999 settlement agreement between EPA and the Western Coalition of Arid States (WestCAS). Forty-three AMSA members participated in the study as sponsors to participating laboratories. The study reports results of false positive rates for all WET tests except one at less than 5 percent (the Selenastrum chronic test method was reported at 33 percent false postive). AMSA has hired Tim Moore, of Risk Sciences International to lead a review of EPA’s data analysis and charge to peer reviewers. AMSA members who participated in the study will receive a copy of the peer-review report from the National Office. CONTACT: Mark Hoeke, AMSA 202/833-9106.
EPA to Propose Modifications to Ocean Discharge Criteria: On July 25, EPA held the first of five public meetings to present the Agency’s plans to revise the implementation of Clean Water Act Section 403, which specifically addresses the development of ocean discharge criteria. On May 26, President Clinton signed Executive Order 13158 which among other things explicitly directs EPA to take action to better protect marine and coastal areas. Section 4(f) of the Executive Order on Marine Protected Areas states: "to better protect beaches, coasts, and the marine environment from pollution, the Environmental Protection Agency (EPA), relying upon existing Clean Water Act authorities, shall expeditiously propose new science-based regulations, as necessary, to ensure appropriate levels of protection for the marine environment." Specifically, the Agency may reconsider revising the existing scientific standards for protecting coastal and ocean waters under section 403 of the Clean Water Act, and propose a list of Special Ocean Sites for additional protections. During public meetings, EPA has indicated its desire to require water quality criteria to be met in ocean waters, including beyond the three mile territorial limit defined by Section 502 of the Clean Water Act. Potential water quality criteria applicable for ocean discharges include 11 metals, pentachlorophenol, alpha-endosulfan, beta-endosulfan, and chloropyrifos. EPA also appears to be considering broad criteria for designating these Special Ocean Sites including all National Marine Sanctuaries, endangered/threatened species areas, and essential fish habitat areas). Proposed regulatory revisions are expected by December 2000. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Draft Strategy to Reduce Hypoxia in Gulf of Mexico: On October 11, 2000, a consensus was reached by the members of the Gulf of Mexico Hypoxia Task Force on what should be in a Final Action Plan to address the "dead zone" in the Gulf of Mexico. The Final Action Plan will include a quantitative goal to reduce by half the size of the hypoxic zone. The Action Plan calls for these strategies, in the aggregate, to aim for a 30 percent reduction in the discharge of nitrogen to the Gulf by 2015. In July, EPA on behalf of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force (Task Force), published a draft Action Plan for Reducing, Mitigating, and Controlling Hypoxia in the Northern Gulf of Mexico (Action Plan) as required by section 604(b) of Public Law 105-383, the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. The Task Force is comprised of senior policymakers from eight Federal agencies, nine States, and two Tribal governments. The Action Plan describes a national strategy to reduce the frequency, duration, size and degree of oxygen depletion of the hypoxic zone of the northern Gulf of Mexico (the Gulf). The Action Plan cites that a significant portion of the nutrients entering the Gulf from the Mississippi River come from human activities: discharges from sewage treatment and industrial wastewater treatment plants and stormwater runoff from city streets and farms. On September 10, AMSA submitted comments on the Draft Action Plan. In its comments, AMSA noted that he hypoxia in the Gulf of Mexico is a serious and challenging problem which must be addressed, and supported the development of a plan to address hypoxia in the Gulf. However, AMSA has significant concerns with the draft Action Plan which relies primarily on subjective judgements regarding: 1) the impacts of nutrient loadings in the upper reaches of the Basin on the hypoxia in the Gulf of Mexico; 2) the ability of the basin to implement nonpoint source reductions without a predetermined plan for insuring their implementation; 3) the effects of other variables such as flood control initiatives, freshwater flows, suspended sediment, and other oxygen demanding substances have on controlling the degree of hypoxia in the Gulf A copy of theplan can be found at http://www.epa.gov/msbasin/fr-actionplan.cfml. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Wet Weather Issues
Sanitary Sewer Overflows: Draft proposed regulations for sanitary sewer collection systems were developed by EPA based on recommendations made by the SSO Federal Advisory Subcommittee. EPA’s draft proposed regulatory language addresses four issues discussed during a October 1999 SSO FAC meeting, including: 1) Capacity, Maintenance, Operation, and Management (CMOM) Programs; 2) Prohibition on Municipal Sanitary Sewer System Discharges; 3) Record Keeping, Reporting and Public Notification; and 4) Satellite Collection Systems. OMB had been expected to clear the proposal in early October, however, the proposal is still awaiting OMB approval. The National Office is preparing to engage its SSO Workgroup, AMSA members and leadership in a thorough review and response to the proposal. As soon as the proposal is available, the National Office will issue a Regulatory Alert to the membership. CONTACT: Greg Schaner, AMSA 202/296-9836, or Kevin Weiss, EPA 202/260-9524.
CSO Water Quality Standards Guidance. On May 9, EPA released a preliminary draft of its Guidance on Implementing the Water Quality-Based Provision in the CSO Control Policy for feedback prior to officially releasing a final draft version for public review sometime in October 2000. The document is intended to guide States and EPA Regions on how to integrate combined sewer overflow (CSO) planning within the process for reviewing and revising water quality standards to address CSO receiving waters. Through this guidance, EPA hopes to "lay a strong foundation for integrating CSO long-term control planning with water quality standards reviews." The crux of the document is the suggested step-wise process (see Section II) for integrating the development and implementation of a community’s LTCP with the review, and potential revision, of water quality standards for CSO-receiving streams. The document establishes a flow chart to clarify each step involved in the process, as well as which entity (i.e., CSO community, NPDES authority, Water Quality Standards Authority, and/or EPA) is responsible for each step. The preliminary draft makes clear that CSO communities are expected to proceed with the LTCP process regardless of progress by the States and Regional offices, or lack thereof, in reviewing and revising water quality standards. A copy of the preliminary draft guidance document was distributed to the membership via Regulatory Alert RA 00-12. An interim final document is expected to be released in December 2000. CONTACT: Greg Schaner, AMSA 202/296-9836 or Tim Dwyer, EPA 202/260-6064.
AMSA Urges EPA to Implement Consistent Approach on Wet Weather Blending: At an October 6, 2000 meeting on Capitol Hill with EPA officials and the congressional delegations of two states, municipal officials and AMSA urged the Agency to allow publicly owned treatment works (POTWs) to continue the practice of "blending" peak wet weather flows. Since the advent of the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has authorized numerous municipal wastewater treatment systems to meet their secondary treatment standards by blending partially-treated, disinfected wet weather flows with fully treated effluent prior to discharge. This practice has enabled POTWs to meet secondary treatment standards, maximize flow to the treatment plant, and, at the same time, protect sensitive biological treatment systems of the plant from being destroyed or washed out by excessive wet weather flows. AMSA understands that several EPA Regions and the Office of Enforcement & Compliance Assurance are now attempting to reverse the Agency’s position on blending by reinterpreting the bypass regulations to prohibit this practice. During the meeting, EPA noted that "NPDES authorities have considerable flexibility" to address different flow scenarios through the permitting process. Due to the costs involved, the congressional delegations stressed that a change in EPA policy would necessitate the standard rulemaking procedure with thorough proposal and comment stages. EPA officials said that their evaluation would conclude by the end of the year. CONTACT: Greg Schaner, AMSA 202/296-9836